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California legislative wrap-up: Newsom signs multiple bills

In a final flurry of activity this past week and on the final day to take action with legislation on his desk Newsom signs multiple bills

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Blade file photo California Governor Newsom with lawmakers (Photo Credit: Office of the Governor)

SACRAMENTO – In a final flurry of activity this past week and on the final day to take action with legislation on his desk, California Governor Gavin Newsom for signed multiple bills into law ranging from SB 1194 allows for multi-stall gender-neutral bathrooms in cities that choose to pass such an ordinance to legislation to protect Civil Rights, Support Community Living for Californians with Disabilities. 

California to Speed Graduation, Offer Debt Cancellation at Community Colleges

“California is increasing resources, adding services, and advancing equity to boost graduation and transfer rates throughout our higher education systems,” said Governor Newsom. 

The bills signed will:

  • Ensure that students attending California Community Colleges enroll directly into transfer-level math and English courses, if their program requires it or they are seeking to transfer.
  • Expand supervised tutoring offered for foundational skills and transfer-level courses.
  • Offer debt cancellation to encourage students to re-enroll and enroll at community colleges, building on budget appropriations.

Senate Bill 1194 Public Restrooms: Building Standards Which Allows for Multi-Stall Gender Neutral Bathrooms

Newsom signed the bill into law on Thursday allowing cities to adopt the new regulations for multi-stall gender-neutral bathrooms by adopting ordinances. In addition, and to afford additional discretion to communities, cities can exclude certain occupancies from the bill’s requirements.

“I am overjoyed that the Governor has signed SB 1194 into law!” said City of West Hollywood Mayor Pro Tempore Sepi Shyne. “I was proud to co-sponsor the City of West Hollywood Multi-Stall Gender Neutral Bathroom Ordinance, which made us the first city in the United States to move to require equity and safety in bathroom access for people with disabilities who have opposite sex caretakers, our transgender, non-binary, and gender non-conforming siblings, and same sex and single parents of opposite sex children. I worked with Senator Ben Allen and his staff, my colleague Councilmember John M. Erickson, and our City legislative staff to help shepherd SB 1194 through the legislature. California is now the first state in the nation to give cities local control to make the same choice West Hollywood did.” 

Legislation to Protect Sexual Assault Victims’ DNA Signed into Law

Newsom signed into law Senator Scott Scott Wiener (D-San Francisco)’s Senate Bill 1228, the Genetic Privacy for Sexual Assault Victims Act. It will take effect on January 1, 2023.

SB 1228 protects sexual assault survivors and other victims by prohibiting the retention of DNA profiles collected from victims by local law enforcement agencies — including rape kits for sexual assault survivors. It also prohibits victims’ DNA from being used for any purpose other than identifying the perpetrator of the crime. Thus, a victim’s DNA could not be used in the future against the victim.

“Today, California showed once again that we stand with survivors of sexual assault,” said Senator Wiener. “Sexual assault exams are key to law enforcement finding perpetrators. It is critical that we protect the integrity of that process and ensure that survivors’ DNA is kept private. This law is a meaningful change for those going through what are likely some of the worst moments of their life.”

SB 1228 is sponsored by the San Francisco District Attorney’s Office, the Prosecutors Alliance of California, and Black Women Revolt, an anti-domestic violence advocacy and resource group for Black women.

These protections help ensure the privacy of sexual assault survivors and promote public safety by encouraging survivors to report sexual violence. If a sexual assault survivor believes their rape kit DNA can be used against them in the future, they will have one more reason not to come forward and undergo an invasive rape kit examination.

SB 1228 was introduced following the discovery that a local law enforcement agency was retaining DNA collected from sexual assault survivors in its quality assurance database and then searching that database to incriminate survivors in unrelated crimes. Since the discovery of this practice, advocates for sexual assault survivors and victim rights have widely condemned the practice and called for legislative action. Congressman Adam Schiff has called for a federal investigation.

When victims report a sexual assault, they can consent to a sexual assault examination, also known as a rape kit. During this examination, biological evidence from bodily fluids, fingernail scrapings, and bite and scratch marks is collected from the victim’s body. The victim submits their own DNA sample in order to exclude their DNA from an investigation. In addition, reference samples of those who have close contact with the survivor—such as consensual sexual partners, family members, or other people living in the same household—may be collected as well to differentiate their DNA from that of the perpetrator.

Sexual assault is significantly under-reported; fewer than a quarter of sexual assault survivors come forward to report to police.  Of those survivors who do report, only a small percentage undergo the highly invasive process of sexual assault testing. Victims of sexual assault consent to their DNA collection for this purpose, not so that their DNA will be retained in a local law enforcement database permanently to be searched years later. Using victims’ DNA in order to potentially incriminate them in the future further dissuades sexual assault survivors from undergoing what is already a very difficult process.

SB 1228 protects sexual assault survivors and other victims by prohibiting the DNA profiles collected from victims from being used for any purpose other than aiding in identifying the perpetrator.  Local law enforcement agencies will also be prohibited from retaining and then searching victim DNA to incriminate them in unrelated crimes.

Federal law already prohibits the inclusion of victims’ DNA in the national Combined DNA Index System (CODIS). However, there is no corresponding California state law to prohibit local law enforcement databases from retaining victims’ profiles and searching them years later for entirely different purposes. This legislation would remedy that by requiring DNA samples taken from victims to be used only for the sexual assault investigation. It would prohibit DNA samples from being included in any database that allows for a sample to be matched with DNA profiles obtained from crime scenes.

The bill would also instruct the Committee on Revision of the Penal Code to study whether additional steps are needed to protect the privacy of Californians who have submitted DNA samples to law enforcement, and determine whether a forensic oversight board is needed.

Assemblymembers Reggie Jones-Sawyer and Phil Ting are co-authors of this legislation.

Legislation to End Wrongful Convictions Due to Faulty Expert Witness Testimony Signed into Law

Newsom signed into law Senator Scott Wiener’s (D-San Francisco) Senate Bill 467. SB 467, the End Wrongful Convictions Act, amends the standards used for evaluating expert testimony and forensics in court post-conviction. This law will take effect on January 1, 2023..

“The End Wrongful Convictions Act will get innocent people out of prison,” said Senator Wiener. “When anyone spends even a day in prison for a crime they did not commit, it’s a terrible miscarriage of justice. Now, we’ll have more tools to help exonerate anyone wrongfully convicted on the basis of outdated or flawed science. This is a victory for the integrity of our criminal justice system.”

“Senator Wiener continues to be a champion for the innocent by authoring and advocating for laws that both help the wrongfully convicted regain their freedom and prevent wrongful convictions from happening in the first place,” said Melissa O’Connell of the California Innocence Coalition.

SB 467 clarifies that the definition of false testimony includes expert opinions undermined by the state of scientific knowledge  and creates a path for the wrongfully convicted to obtain justice when their convictions were based on expert opinions about which a significant dispute has emerged or further developed regarding its validity.  The California Supreme Court has long recognized that “[l]ay jurors tend to give considerable weight to ‘scientific’ evidence when presented by ‘experts’ with impressive credentials” but emphasized “scientific proof may in some instances assume a posture of mystic infallibility in the eyes of a jury . . .”(People v. Kelly (1976) 17 Cal.3d 24, 31-32.)

Unreliable forensic science remains a leading cause of wrongful convictions, occurring in 45% of DNA exoneration cases nationwide, 24% of all exonerations in the nation and 15% of the California exoneration cases known since 1989. In these cases, “expert”  testimony that was either flawed or false forensic science,  or relied on scientific methods that are widely debated within the scientific community provided critical evidence leading to the conviction. In California, 70% of these innocent men and women were given life sentences; one was sentenced to death.

SB 467 is part of a larger slate of the California Innocence Coalition’s reform bills. Previously, Senator Wiener authored SB 923, which ensures that law enforcement use evidence-based procedures when obtaining eyewitness identification. Eyewitness misidentification is a leading contributor to wrongful convictions proven with DNA evidence. Before SB 923 was signed into law, California had no statewide best practices for eyewitness identification and there were no evidence-based standards in place. With the passage of SB 467, California takes a giant step forward to address concerns set forth by the scientific community itself as well as to allow our courts to remain lockstep with advancements in science

SB 467 is sponsored by the California Innocence Coalition, which includes the Northern California Innocence Project, the California Innocence Project and the Loyola Project for the Innocent.

Legislation to Expedite Sustainable Transportation Projects Signed into Law

Newsom signed into law Senator Scott Wiener (D-San Francisco)’s Senate Bill 922. It will become law on January 1, 2023. SB 922 extends and improves upon Senator Wiener’s previous legislation (SB 288, 2020) to expedite bike, pedestrian, light rail, and rapid bus projects by exempting these environmentally sustainable projects from the California Environmental Quality Act (CEQA). SB 922 will accelerate approval of sustainable, climate-friendly transportation projects.

In the short time – just 18 months – that SB 288 has been in place, 15 projects have been streamlined in various parts of the state. Another 20 projects are currently under consideration for streamlined treatment. Transit agencies from around the state, including the San Francisco Municipal Transportation Agency, the Los Angeles Department of Transportation, AC Transit, and CalTrain, have invoked this streamlining. Other transit agencies that have made use of SB 288 include: Yuba-Sutter Transit, Tahoe Transportation District, Napa Valley Transportation Authority, Santa Rosa CityBus, Fairfield and Suisun Transit, Monterey-Salinas Transit District, Culver City CityBus, Long Beach Transit, and Riverside Transit Authority. Streamlined projects include protected pedestrian walkways and bike lanes, bus rapid transit projects, electric vehicle charging for buses, and more.

“Increasing sustainable transportation options – like biking, walking, and public transit – is incredibly important when it comes to reducing carbon emissions and fighting climate change,” said Senator Wiener. “SB 922 continues our work to make it easier to build these projects more quickly and at lower cost, and will get people out of their cars. This is great news for California and for our climate. Thank you, Governor Newsom.”

Free Books for Children, Support for Student Athletes and Creative Expression

Newsom signed SB 1183 by Senator Shannon Grove (R-Bakersfield), expanding Dolly Parton’s Imagination Library Program to children statewide. Under the initiative, launched to inspire a love of reading at an early age, California children under the age of five will be eligible to enroll in the program to receive a free book every month through a direct mail program starting in June 2023. 

Joined virtually by award-winning rappers, record producers and record industry executives, Governor Newsom signed AB 2799 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles), a first-in-the-nation bill that limits the use of creative expression like rap lyrics as evidence in criminal cases to protect against bias.

In a virtual ceremony, Governor Newsom signed AB 2747 by Assemblymember Adrin Nazarian (D-North Hollywood), which will make Olympians, Paralympians and elite Olympic hopefuls who train in California eligible for in-state tuition.

California Empowers Students

The Governor signed SB 997, SB 955, and SB 291 empowering students in California by:

  • Providing a seat at the table in local accountability plan processes.
  • Allowing an excused absence from school to engage in civic opportunities in their communities.
  • Adding two pupils with exceptional needs to the Advisory Commission on Special Education.

Newsom also signed AB 2806 by Assemblymember Blanca Rubio (D-Baldwin Park) ensuring equitable treatment of children in state preschool and child care programs by prohibiting suspensions and expulsions except as a last resort. When a child is suspended or expelled, they do not receive the benefits that early learning and education provides and this disportionately impacts toddlers and preschoolers of color. AB 2806 aims to change this and support California’s youngest learners.   

Additionally, the Governor signed SB 1047 by Senator Monique Limόn (D-Santa Barbara) increasing access and stability for families to get the care and learning opportunities their kids need and are critical for young children to succeed.

Newsom Signs Legislation to Protect Civil Rights, Support Community Living for Californians with Disabilities 

Newsom signed AB 1663 by Assemblymember Brian Maienschein, which reforms California’s probate conservatorship system to enable disabled and older people needing support to care for themselves to pursue supported decision-making as a less restrictive alternative to conservatorship. The bill also makes it easier to end a conservatorship.

“Our state is committed to protecting civil rights and lifting up every Californian with the supports they need to thrive in their community,” said Newsom. “This measure is an important step to empower Californians with disabilities to get needed support in caring for themselves and their finances, while maintaining control over their lives to the greatest extent possible.”

AB 1663 establishes supported decision-making in statute as an alternative to probate conservatorship. This is a process in which adults with intellectual, developmental, dementia, and other disabilities who need support to care for themselves or their finances can consult with trusted supporters while making choices about their life, without jeopardizing their self-determination. The bill also requires that alternatives to conservatorship are included for consideration in a petition for conservatorship, and requires courts to provide conservatees with information regarding the rights that they retain. Under AB 1663, courts are allowed to terminate a conservatorship without a hearing if both the conservatee and conservator agree to termination.

“Everyone deserves to have control over the choices they make in their daily lives, including individuals with disabilities. AB 1663 prioritizes that right by emphasizing less-restrictive alternatives to probate conservatorships, specifically Supported Decision-Making. I am grateful that the Governor signed this important legislation today,” said Assemblymember Brian Maienschein (D-San Diego).

State law allows the courts to appoint a conservator for an adult when a third party such as law enforcement or Adult Protective Services is concerned about the health, safety or welfare of a person and there has been a comprehensive review of the individual’s circumstances. Information about recent actions by the California Department of Developmental Services (DDS) to support individuals conserved by DDS can be found here.

Governor Newsom also signed AB 1195 by Assemblymember Cristina Garcia (D-Bell Gardens) which facilitates the hiring of people with disabilities within state government through the Limited Examination and Appointment Program (LEAP).

California raises wage replacement for new parents, sick workers

Newsom has signed a bill that will increase the amount of money workers receive under the state’s paid family and medical leave program, providing a boost that supporters say will ensure lower wage workers are not locked out of a benefit they are already paying for.

Beginning in 2025, the state will pay up to 90% in wage replacement for new parents and those who need to take time off to care for a seriously ill family member or themselves. Senate Bill 951 by Sen. María Elena Durazo (D-Los Angeles) also ensures that the wage replacement will remain between 60% and 70% during the next two years after the rate was scheduled to return to 55% beginning Jan. 1.

California Expands Support for Working Families

Newsom today signed legislation to help hard-working Californians access family and disability leave benefits. SB 951 by Senator María Elena Durazo (D-Los Angeles) will boost leave benefits for lower- and middle-income employees to cover more of their regular income while they take much-needed time off to care for loved ones.

“California families and our state as a whole are stronger when workers have the support they need to care for themselves and their loved ones,” said Governor Newsom. “California created the first Paid Family Leave program in the nation 20 years ago, and today we’re taking an important step to ensure more low-wage workers, many of them women and people of color, can access the time off they’ve earned while still providing for their family.”

SB 951 extends increased wage replacement rates for State Disability Insurance and Paid Family Leave that were set to sunset at the end of the year. Under the legislation’s phased increase in benefits, by 2025, workers earning less than the state’s average wage could receive up to 90% of their regular wages while taking leave.

SB 951 builds on the Governor’s action since taking office to bolster access to workplace leave, including legislation to expand job-protected family leave to millions more Californians, extend paid family leave benefits for a newborn child from 6 to 8 weeks and expand paid sick leave in response to COVID-19.

Yesterday, Governor Newsom signed AB 1041 by Assemblymember Buffy Wicks (D-Oakland) which enables workers to take paid sick leave or family leave in order to care for any person designated by the employee, including non-family members. The Governor also signed AB 152 to extend COVID-19 Supplemental Paid Sick Leave through the end of the year and AB 1949 by Assemblymember Evan Low (D-Campbell) which allows workers to take job-protected bereavement leave.

Newsom Signs Legislation to Crack Down on the Sale of Stolen Goods Online

With online marketplaces selling stolen merchandise, Governor Newsom today signed legislation to strengthen transparency rules for high-volume, third-party sellers and provide greater tools for law enforcement to identify stolen items, often taken from doorsteps or shoplifted at retail stores. 

“We are tightening the spigot, reducing the sale of online illegal merchandise,” said the Governor. “By empowering consumers with the ability to identify stolen items for sale online and providing greater transparency for high-volume sellers, we are tackling this problem at the source. Thanks to the work of my partners in the Legislature, in California, we are addressing the crime we see affecting the nation through a multipronged approach focused on deterrence, enforcement, and prevention.”

Both SB 301 by state Senator Nancy Skinner (D-Berkeley) and AB 1700 by Assemblymember Brian Maienschein (D-San Diego) work to address the online sale of stolen merchandise. SB 301 calls for online marketplaces to require high-volume third-party sellers to provide greater information to protect consumers. These requirements include contact and bank account information, as well as a seller’s physical address. AB 1700 directs the Attorney General’s Office to dedicate a section of its website for individuals to report items found on online marketplaces, identified as possible stolen goods. The Attorney General will share this information with local law enforcement agencies. The bill will also require online marketplaces to display a link to the Attorney General’s webpage. 

The Governor also signed AB 2294 by Assemblymember Reginald Byron Jones-Sawyer Sr. (D-Los Angeles), which gives law enforcement the ability to keep in custody individuals suspected of organized retail theft. Under the current process, an individual arrested for a misdemeanor is typically released with a written notice or citation. This bill will allow for law enforcement to keep in custody a person arrested for a misdemeanor if they have been convicted of theft from a store in the last six-months, or if there is probable cause that the individual is guilty of participating in organized retail theft. 

Today’s bill signing comes on the heels of the Governor’s announcement of California’s Real Public Safety Plan, which includes hundreds of millions in funding to provide grants for local District Attorneys to address retail theft, establish a statewide organized theft team in the Attorney General’s Office, make permanent and expands the Organized Retail Theft Task Force led by CHP, and create the largest gun buyback program in the country. The plan also includes grants for local law enforcement, prosecutors, and small businesses victimized by retail theft. 

Fresh Start Act, to Remove Outstanding Restitution as a Barrier to Expungement

Newsom signed into law Senator Scott Wiener’s (D-San Francisco) Senate Bill 1106, the Fresh Start Act. It will become law on January 1, 2023.

SB 1106 helps people clear their criminal records by ensuring outstanding restitution and restitution fines are not a barrier to expungement. Currently, people across California are frequently denied record sealing and expungement because they are poor and cannot afford to pay outstanding restitution and restitution fines. Restitution debt is often the only thing holding someone back from clearing their record and finding a job and housing. This exacerbates the cycle of poverty and criminalization of Black and brown communities, who are disproportionately impacted by the criminal legal system.

“This is a huge moment for anyone who has served their time and is looking to start over fresh,” said Senator Wiener. “Now, outstanding restitution debt won’t be a barrier to getting one’s record cleared. Formerly incarcerated people will be able to more easily access housing and jobs, which will ultimately help them pay off this debt. Thank you, Governor Newsom, for seeing the value of a fresh start.”

Two types of restitution payments are frequently imposed on anyone convicted of a crime. The first is a restitution fine, which is a fixed amount charged to anyone with a conviction regardless of the crime and its impact. Restitution fines can run in the thousands and even more than $10,000. The second is direct restitution, by which a court can order someone to compensate a victim for the harm caused to the victim.

When setting these amounts, courts are not required to take into account a person’s ability to pay that restitution. This means that victims of crime, who are awarded restitution, overwhelmingly receive either nothing or a small percentage of the restitution because a defendant lacks the resources to actually pay it.

Current law allows courts to deny a request for expungement of a conviction — even if the individual is otherwise eligible for expungement — if they have any outstanding unpaid restitution. A court can deny expungement on this basis even if the defendant is living in poverty.

This kind of barrier to reentry does not increase the likelihood that someone will pay off their restitution. In fact, blocking someone from clearing their record makes it even less likely that they’ll ever be in a position to pay restitution. A 2014 study by Stanford University and the San Jose State University Record Clearance Project found that the estimated benefits of expungement outweigh costs by about $5,800, per person, in one year – nearly $6,500 in today’s dollars.

Under SB 1106, people who have served their time would be able to clear their criminal records despite owing restitution, if they otherwise meet the criteria for that relief. SB 1106 does *not* cancel a person’s restitution debt. Rather, the legislation allows a person to clear their record and move forward in life despite being too poor to pay restitution.

The bill is sponsored by a multi-regional coalition focused on modifying the court fee system and ending wealth extraction through the criminal legal system, which disproportionately impacts Black and Brown communities, inflicting life-long monetary subjugation on them. The coalition is made up of legal advocates, formerly incarcerated people, policy experts, and movement building organizations led by impacted people.

Newsom signs game-changing elections bill, The Ballot DISCLOSE Act

Newsom signed AB 1416 – The Ballot DISCLOSE Act – a bill that will have a major positive impact on ballot measure transparency. All statewide ballot measures will now include a list of supporters and opponents on the ballot itself. Lead authors were Assembly Member Miguel Santiago (D-Los Angeles) and Senator Henry Stern (D-Calabasas).

“This bill is a colossal game changer for California elections because voters will now be able to make more informed choices on ballot measures,” said Assembly Member Santiago. “Big money in politics continues to capitalize on the lack of ballot measure transparency, which directly affects the outcome of elections. As more and more ballot measures appear on general election ballots, it is imperative voters have the information they need to cast an informed vote on state and local ballot measures. The Ballot DISCLOSE Act will bring greater transparency and democracy to the ballot box on Election Day.”

“This law will vastly improve voters making an informed choice when voting, and finally root out the special interest that lurk in the shadows seeking to mislead the public,” said Senator Stern.

“Governor Newsom’s signature of the Ballot DISCLOSE Act will ensure that every Californian voter will know key supporters and opponents of ballot measures when they vote, just like every legislator when they vote and the Governor when he signs or vetoes bills.  This will be true no matter what voters’ life circumstances and no matter how lopsided the campaign spending,” said Trent Lange, President of the California Clean Money Campaign, sponsor of AB 1416.  “Every Californian who cares about fairness in democracy owes a debt of gratitude to Governor Newsom, Assemblymember Miguel Santiago, Senator Henry Stern, and all the other bold leaders in the California Legislature who helped AB 1416 pass.”

AB 1416 will bring greater transparency to ballot measures while providing voters with relevant information on Election Day. Specifically, this bill would require a voter’s ballot to include a short list of those who support and oppose each statewide ballot measure, submitted by the proponents and opponents who submit the official ballot arguments. Each list is limited to no more than 125 characters, with rules to avoid political parties and newly created “sham organizations” from being listed. Local ballot measures will be required to have similar lists of supporters and opponents, but with Board of Supervisors allowed to opt out of local measures if they choose.

This bill will take effect on January 1, 2023.

Newsom signs bill to raise fines on health plans for patient protection violations

The Governor signed SB 858 by Senator Scott Wiener updating penalty amounts that the state can levy on health plans that don’t meet state consumer protection standards. It will go into effect on January 1, 2024.

Health plan accountability is critically important: current fine levels were set in the 1970s and are so low they can be viewed as a cost of doing business. As a result, health plans, at times, illegally deny or delay coverage. For example, Kaiser Permanente has yet to come into compliance with a previous law authored by Senator Wiener (Senate Bill 221) — requiring timely access to mental health treatment — resulting in a strike by Kaiser mental health professionals.

“Californians rely on their health insurance to cover critical, even life-saving, care, and we must hold health plans accountable for following the rules and providing timely and adequate coverage,” said Senator Wiener. “California’s low, outdated fine levels allow health plans to view these fines as a mere cost of doing business. SB 858 makes clear that when we pass a law requiring coverage, we mean it.”

“For years health care corporations have been skirting consumer protection laws with minimal consequences. This new law will change the behavior of these health plans and ensure access to needed care for Californians,” said Diana Douglas, Health Access California’s director of policy and legislative advocacy.  

Despite strong consumer protections for Californians in health plans regulated at the Department of Managed Health Care (DMHC), many have still been denied or delayed in getting medically necessary services. Yet fine amounts for violations related to grievance handling and other specific consumer protections had not been updated for decades, all while health insurance premiums have not just doubled, but quadrupled since 1999. Some of these fine amounts had not been updated since 1975 when gas was 59 cents a gallon.

The new law increases the maximum fines from $2,500 per violation to $25,000 when they violate standards such as timely access to care, adequate network standards, language access, behavioral health care services, gender-affirming care, or other consumer protections.

Even for the biggest, headline-making penalties in recent years, the fines didn’t necessarily match the severity and breadth of the violations. Just this year, L.A. Care was fined a historic $35 million by DMHC for failure to appropriately handle grievances and for a severe backlog of authorization requests for services over a five year span. However, with over 67,000 grievances and over 9,000 requests for authorization, this seemingly large fine amounted to only a few hundred dollars per instance—essentially less than a speeding ticket for delaying or denying care to a patient. Meanwhile, the plan reported a tangible net equity of over $1 billion, an amount $923 million over that which is required by law

This new law will give DMHC the additional authority to levy higher fines and impose corrective action plans when necessary. It will also modernize penalty amounts every 5 years, and updates the methodology to ensure the penalty amounts reflect the true harm caused to enrollees. 

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California

Calif. transgender student laws draws backlash 

Gov. Gavin Newsom signed bill on July 15

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Gov. Gavin Newsom (Courtesy photo)

BY DIANA LAMBERT AND MONICA VELEZ | LAist — A trailblazing state law prohibiting California school boards from passing resolutions that require teachers and school staff to notify parents if they believe a child is transgender isn’t likely to put an end to this polarizing issue.

The Support Academic Futures and Educators for Today’s Youth, or SAFETY Act, was signed by Gov. Gavin Newsom on July 15. It will prohibit school districts from requiring staff to disclose to parents’ information related to a student’s sexual orientation or gender identity, and will protect school staff from retaliation if they refuse to notify parents of a child’s gender preference. The legislation, which will go into effect Jan. 1, also provides additional resources and support for LGBTQ students at junior high and high schools.

“California is the first state to pass a law explicitly prohibiting school districts from enacting forced outing policies in the nation,” said Mike Blount, spokesperson for the author of the bill, Assemblymember Chris Ward (D-San Diego).

The legislation was passed in response to the more than a dozen California school boards that proposed or passed parental notification policies in just over a year. The policies require school staff to inform parents if a child asks to use a name or pronoun different from the one assigned at birth, or if they engage in activities and use facilities designed for the opposite sex. At least seven California school districts passed the controversial policies, often after heated public debate.

First lawsuit filed
By Tuesday evening, the conservative nonprofit Liberty Justice Center said it had filed a lawsuit challenging the new law on behalf of Chino Valley Unified, which passed a parental notification policy last year.

“School officials do not have the right to keep secrets from parents, but parents do have a constitutional right to know what their minor children are doing at school,” said Emily Rae, senior counsel at the Liberty Justice Center in a press release. “Parents are the legal guardians of their children, not Gov. Newsom, Attorney General (Rob) Bonta, or Supt. (Tony) Thurmond. We will continue to defend parents’ rights and children’s well-being by challenging invasive laws like AB 1955 in court, at no cost to taxpayers.”

Other opponents, including Assemblyman Bill Essayli (R-Riverside) indicated that the issue will be settled in court. He is “committed to challenging the bill in court, and he’s confident he’s on the right side constitutionally,” said Shawn Lewis, Essayli’s chief of staff. Essayli plans to work with a coalition of advocates to challenge the bill, Lewis said.

Election issue
Parental rights is the overarching issue for the Republican Party, but right now it is focused on the parental notification issue, Essayli said in an August interview with EdSource. “This is an issue we want to run on in 2024,” he said.

The newly passed legislation also resulted in a flurry of press releases and social media comments from opponents and supporters. Even Tesla CEO Elon Musk weighed in, calling the new law the “final straw” in his decision to move the headquarters for X, formerly known as Twitter, to Texas.

“I did make it clear to Gov. Newsom about a year ago that laws of this nature would force families and companies to leave California to protect their children,” Musk wrote on X.

Proponents of the parental notification policies have said that parents have the right to know what is going on with their children at school and that minors do not have a right to privacy. Opponents say these policies could endanger already vulnerable students who should be able to decide when they want to come out to their parents.

Chino Valley Unified in San Bernardino County, Murrieta Valley Unified, and Temecula Valley Unified in Riverside County, in Orange County, in Anderson Union High School District in Shasta County, and Rocklin Unified and Dry Creek Joint Elementary School District in Placer County are among the districts that have passed parental notification policies.

California’s parental notification board policies have their origin in Assembly Bill 1314, proposed by Essayli, which was denied a committee hearing at the state Capitol last year. After that, Essayli, parents’ rights groups and attorneys wrote a model board policy for school boards.

On Monday, Essayli released a statement about the new law: “Today, Gov. Gavin Newsom defied parents’ constitutional and God-given right to raise their children by signing AB 1955 which codifies the government’s authority to keep secrets from parents,” he said. “AB 1955 endangers children by excluding parents from important matters impacting their child’s health and welfare at school. Governor Newsom signing AB 1955 is both immoral and unconstitutional, and we will challenge it in court to stop the government from keeping secrets from parents.”

Eight states have passed laws requiring school districts to inform parents if their children ask to use names or pronouns associated with another gender, according to the Movement Advancement Project.

LGBTQ rights threatened
School parental notification policies have impacted the mental health of LGBTQ students and can lead to bullying, harassment, and discrimination, according to a press release from Ward’s office.

“Politically motivated attacks on the rights, safety, and dignity of transgender, nonbinary, and other LGBTQ+ youth are on the rise nationwide, including in California,” said Ward, who introduced the legislation along with the California Legislative LGBTQ Caucus.

“While some school districts have adopted policies to forcibly out students, the SAFETY Act ensures that discussions about gender identity remain a private matter within the family,” he said. “As a parent, I urge all parents to talk to their children, listen to them, and love them unconditionally for who they are.”

The California Teachers Association and its members have been major opponents of parental notification policies, saying that they drive a wedge between educators and students, and endanger already vulnerable students. Teachers working in districts with parental notification policies have worried they could lose their jobs if they do not comply with the district requirement or end up in court if they disobey federal and state laws and policies.

“This historic legislation will strengthen existing protections against forced outing and allow educators to continue to create a safe learning environment where all students feel accepted, nurtured, and encouraged to pursue their dreams,” said California Teachers Association President David Goldberg. “As educators, we are charged with providing a high-quality education to every student. No educator should experience retaliation or have their livelihood jeopardized for following the law and providing safe and supportive learning environments for our students.”

Policies spawn lawsuits
Attorney General Rob Bonta has said parental notification policies break California state law and violate students’ civil rights and their right to privacy. He issued warnings to districts and filed a lawsuit against Chino Valley Unified in San Bernardino County last year.

A lawsuit was also filed against Temecula Valley Unified by a coalition of students, teachers and parents who oppose the district’s parental notification policy, along with a policy that bans “critical race theory.”

California courts have had differing opinions. In San Diego, U.S. District Judge Roger Benitez last year ruled that Escondido Union School District violated parents’ rights when it followed California state policy and allowed students to decide whether to tell their parents they identify as transgender.

In Sacramento earlier that year, U.S. District Judge John Mendez dismissed a lawsuit against Chico Unified. The suit claimed that district policies allowed school staff “to socially transition” students and prohibited staff from informing parents of the change. Mendez said students have a right to tell their parents about their gender and sexuality on their own terms.

The new law will also require districts to provide support or affinity groups and safe spaces for LGBTQ students; anti-bullying and harassment policies and complaint procedures; counseling services; anti-bias or other training to support LGBTQ students and their families; suicide prevention policies and procedures; and access to community-based organizations to support LGBTQ students as well as local physical and mental health providers with experience in treating and supporting families of LGBTQ youth.

California Legislative LGBTQ Caucus Chair Susan Eggman said the legislation reaffirms California’s position as a leader and safe haven for LGBTQ youth.

“I am also deeply grateful for all the parents, teachers, youth, LGBTQ+ leaders, and so many other groups who came together to support this bill,” Eggman said. “Their support reaffirmed what this caucus already knew: Safe and supportive schools for all our children should be our top priority. And at the end of the day, that’s what this bill does, ensures our K-12 campuses remain safe and affirming places for our youth no matter how they identify.”

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California

Governor Newsom launches resources website: ready.ca.gov 

With the unofficial start of summer, Newsom today is highlighting how the state is preparing for summer emergencies, extreme heat, and fires

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Governor Newsom with emergency managers at Cal OES. (Photo Credit: Office of the Governor)

SACRAMENTO – With seasonal challenges on the horizon as temperatures increase and Californians head outside, Governor Gavin Newsom visited the California Office of Emergency Services (Cal OES) today to announce ready.ca.gov – a new, one-stop shop for Californians to prepare for emergencies and extreme weather.

The new website is part of Listos California, which is a state effort that connects communities with resources before, during and after emergencies. 

During his visit to Cal OES, the Governor was briefed by emergency managers on the administration’s preparedness for summer and peak wildfire season, including progress made in building forest resilience to catastrophic wildfires, firefighter staffing levels and firefighting fleet readiness, and the administration’s Extreme Temperature Response Plan that was developed to coordinate an all-hands response by government to mitigate the state’s most deadly natural weather event.

“California is prepared for summer and peak wildfire season — with a surge in firefighters and equipment, better forest management, and one of the most tried and tested emergency management systems in the world. Make sure your family is prepared too. Visit ready.ca.gov — a new resource to help keep Californians safe this weekend and all summer long,” said
Governor Newsom.

Combined with a comprehensive suite of translated messaging and materials, Listos California at Cal OES continues to uplift life-saving messages through interactive, community-based tactics, including peer-to-peer phone banking efforts, in-person events, and door-to-door engagements. 

Preparing for Memorial Day weekend & summer

Extreme heat preparation: Listos California recently kicked off its summer season campaign efforts, beginning with its Wildfire Awareness Campaign in rural communities. Community leaders are encouraged to sign up for local emergency alerts and share these resources with family, friends and neighbors to build resiliency and help communities stay safe this summer.

Snowmelt & swift water preparedness: California’s waterways can conceal dangers below the surface. With a melting snowpack, the volume and speed of the water are creating hazardous conditions. Across the Administration, state departments and agencies are promoting swift water safety and drowning prevention messaging in honor of the summer season. Water safety messages in more than a dozen languages can be found at Listos California.

Wildfire & emergency preparedness: CAL FIRE has worked to reduce the risk of fires all year round, including increased fire prevention efforts, better firefighting technology and resources, and community preparedness initiatives. In 2023, there was a 93.87% reduction in structures destroyed compared to 2022. Potential mega-fires were kept small, protecting communities and limiting smoke impacts and CAL FIRE met its 100,000-acre goal for fuel reduction activities for the fourth straight year. Through the Ready for Wildfire initiative, Californians can learn the necessary steps to prepare their homes to be better prepared if a wildfire strikes.

Roadway safety: Heading into Memorial Day, the California Highway Patrol is initiating a statewide Maximum Enforcement Period from Friday to Monday to address the expected surge in holiday travelers on California roads. In 2023 over the holiday weekend, 46 people were killed in crashes and more than 1,100 arrested for driving under the influence throughout the state.

ready.ca.gov

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California

1,000+ reported acts of hate in first year of Calif. vs hate hotline

This reporting system is 1st of its kind – operating separately from law enforcement & partnering with community organizations across Calif.

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California Civil Rights Department officials and other stakeholders come together for a press conference on May 22, 2023 to launch CA vs Hate. (Photo courtesy of the California Civil Rights Department)

SACRAMENTO – The California Civil Rights Department (CRD), alongside state and community partners, today released new data highlighting the impact of California vs Hate in its first year of operation and announced new and ongoing initiatives to combat hate across the state.

Officially launched a year ago this month by Governor Gavin Newsom, CA vs Hate is the state’s first-ever multilingual statewide hotline and online portal that provides a safe, anonymous reporting option for victims and witnesses of hate acts. In the first full year of operation, initial data submitted to CRD shows approximately 1,020 acts of hate reported to the hotline.

“CA vs Hate is about recognizing and protecting the incredible diversity of our state and sending a clear message that hate will never be tolerated,” said Governor Newsom.

“When California was confronted by an alarming increase in hate, we didn’t just sit back and hope it got better,” said CRD Director Kevin Kish. “We came together and launched an array of nation-leading programs to ensure all our communities feel welcome and protected. I’m incredibly proud of our state’s resilience and commitment to a California for all. This work is only just beginning, but it would not be possible without the advocacy of our community partners and the foresight of our state’s Administration and Legislature. With CA vs Hate, we’re doing our part to ensure that when people report they get support.”

Many hate crimes have historically gone unreported due to a variety of factors, including fear of retaliation, lack of culturally competent resources, concern around potential immigration consequences, and distrust of law enforcement. CA vs Hate aims to help address some of these issues by offering people targeted for hate — and their communities — additional resources to report acts of hate through a community-centered approach that does not require engagement with the criminal legal system.

Hotline services are confidential and provided for free, regardless of immigration status. CA vs Hate accepts all reports of hate and is not limited to only receiving reports that are criminal in nature. Whether individuals report to CA vs Hate online or by phone, they are eligible to receive ongoing care coordination to ensure people impacted by hate are able to access resources and support, including legal, financial, mental health, and mediation services.

As part of the effort to make CA vs Hate as inclusive and easy-to-use as possible, individuals who report an act of hate can remain anonymous and, recognizing that hate can target multiple aspects of a person’s identity, may select multiple bias motivations related to the report. To the extent that individuals who report are comfortable doing so, CA vs Hate staff engage extensively with them through initial contacts over the phone or follow up care coordination to better understand the incident and services needed.

In the first full year of operation, initial data submitted to CRD shows approximately 1,020 acts of hate reported to the hotline, across nearly 80% of the state’s counties. 

For a subset of 560 reports where data were further validated by CA vs Hate staff, the most cited bias motivations included:

  • race and ethnicity (35.1%)
  • gender identity (15.1%)
  • sexual orientation (10.8%)

Most common reasons for reporting: 

  • Discriminatory treatment 18.4% 
  • Verbal harassment 16.7% 
  • Derogatory names or slurs 16.7%

Most common locations where incidents occurred: 

  • Residential 29.9% 
  • Workplace 9.7% 

More granular data verified through that process is also included below. While CA vs Hate data serves as an important indicator, the hotline is new, and the data should not be treated as being representative of all acts of hate in California. In all, people who reported to CA vs Hate were directed to more than 100 different forms of resources and support. In the first full year of operation, CA vs Hate:

  • Had 2,118 contacts from members of the public seeking assistance — including non-hate related reports — and directed people to resources, regardless of whether a report was tied to an act of hate. Of those contacts:
  • The most common reasons cited for the reports were discriminatory treatment (18.4%), verbal harassment (16.7%), and derogatory names or slurs (16.7%).
  • The most common location types for where an incident occurred were residential (29.9%), workplace (9.7%), and public facilities (9.1%).
  • Received 1,020 actual reports of hate based on the information provided by the individual reporting the act. Of those reports:
  • Roughly four out of six people agreed to follow up for care coordination services, including direct and ongoing support accessing legal aid or counseling.
  • Nearly 80% of California’s counties were represented, including all 10 of the state’s most populated counties.
  • Further validated bias motivation information for 560 reports through additional CA vs Hate staff review. Of those reports:
  • Race and ethnicity (35.1%), gender identity (15.1%), and sexual orientation (10.8%) were the most cited bias motivations.
  • Anti-Black (26.8%), anti-Latino (15.4%), and anti-Asian (14.3%) bias were the most cited reasons for reports related to race and ethnicity.

As reported hate crimes have risen in recent years, California has led the charge in responding through increased grant funding, innovative programs, and expansive outreach efforts across state government and in collaboration with community-based organizations.

These partnerships — whether through the Stop the Hate Program or Ethnic Media Outreach Grants — are critical to CA vs Hate’s success. As CA vs Hate continues to grow, the program is launching new initiatives and building on existing efforts aimed at strengthening the hotline’s statewide support network and improving access to resources for all of California’s diverse communities. These ongoing or upcoming efforts include:

Outreach Campaigns

  • Kicking off CA vs Hate’s first-ever billboard campaign to support increased awareness of the hotline and available resources across half a dozen cities.
  • Launching targeted outreach materials to support increased access to CA vs Hate resources for historically hard-to-reach and underserved Californians, including new digital assets developed in coordination with tribal partners and members of the AAPI community.
  • Developing new pathways to reach members of the public, including through a digital ad partnership with the California Department of Motor Vehicles and in-person event engagement with California-based sports teams.

Capacity Building

  • Launching a partnership with UC Berkeley’s Possibility Lab to support increased data collection and analysis going forward.
  • Exploring the launch of a text-responsive reporting option to support increased access to the CA vs Hate hotline.
  • Stepping up statewide coordination efforts through ongoing collaboration with United Against Hate Week.

Community Engagement

  • Bolstering community-specific engagement through the Jabara-Heyer NO HATE Act grant to ensure communities most targeted for hate have access to resources, including a new partnership with California Black Media.
  • Establishing new quarterly meetings with city and county government partners to support increased responsiveness to local communities and build on existing feedback mechanisms in place for community-based organizations.
  • Standing up a coalition of faith-based leaders from a range of backgrounds to better address acts of hate targeting Californians on the basis of religion.

Information about the hotline and online portal:

CA vs Hate is a non-emergency, multilingual hate crime and incident reporting hotline and online portal. Reports can be made anonymously by calling (833) 866-4283, or 833-8-NO-HATE, Monday to Friday from 9 a.m. to 6 p.m. PT or online at any time.

Hate acts can be reported in 15 different languages through the online portal and in over 200 languages when calling the hotline.

For individuals who want to report a hate crime to law enforcement immediately or who are in imminent danger, please call 911.

For more information on CA vs Hate, please visit CAvsHate.org.

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California

Rick Zbur nominates Nancy Sutley for Latino Spirit Awards honoree

Assemblymember Rick Zbur honors LGBTQ+ Latina Nancy Sutley for her outstanding achievement in public service during the Latino Spirit Awards

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Nancy Sutley honored on the California Assembly Floor Monday, May 6, 2024. From Left: Assembly Minority Leader James Gallagher, Assembly Majority Leader Cecelia Aguilar-Curry, Nancy Sutley, Asm. Rick Chavez Zbur, Asm. Sabrina Cervantes, Assembly Speaker Robert Rivas. (Photo Credit: Office of Assemblymember Zbur)

SACRAMENTO — Assembly Democratic Caucus Chair Rick Chavez Zbur (D-Hollywood) nominated Nancy Sutley as a recipient for the Latino Spirit Awards.

In an Assembly Floor ceremony Monday, the California Legislative Latino Caucus honored Sutley, who currently leads Los Angeles Mayor Karen Bass’ environmental, energy, and sustainability policy and programs as her Chief Sustainability Officer.

“As an LGBTQ+ Latina, Nancy Sutley has shattered glass ceilings while implementing some of the most important environmental and sustainability policies and legislation of our century,” said Assemblymember Zbur. “Her expertise has guided mayors, governors, and former President of the United States Barack Obama. It is an honor to recognize her for an outstanding achievement in public service, and as my nominee for the Latino Spirit Awards.”

Nancy Helen Sutley, born in New York City in 1962, was raised in Queens by parents who immigrated from Argentina. She holds a master’s degree in public policy from Harvard University and a bachelor’s degree in government from Cornell University.

Currently, Sutley is the Senior Assistant General Manager of External and Regulatory Affairs and Chief Sustainability Officer at the Los Angeles Department of Water and Power (LADWP). In this capacity, she supervises departments such as customer service, energy efficiency, water conservation, and environmental regulations.

During her tenure at LADWP, she has initiated sustainability projects, led the establishment of the LaKretz Innovation Campus, and advocated for cleaner transportation. Before joining LADWP in 2014, Sutley chaired the White House Council on Environmental Quality, making her the first prominent LGBTQ+ person named to a senior role in the Obama Administration.

There, she played a pivotal role in environmental initiatives, including the 2013 Climate Action Plan. She has also held various positions in public service, including Deputy Mayor for Energy and Environment for Los Angeles and roles in state and federal environmental agencies.

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2024-25 Race to Submit: Cash for College- FAFSA

California is leading a statewide campaign to support students in completing the Free Application for Federal Student Aid

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Los Angeles Blade/ABC News Screenshot

SACRAMENTO – With fewer high school students across the country filing for federal student aid so far this year, California is promoting a statewide campaign to mobilize local partners and engage high school seniors in completing the Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application (CADAA). 

From tuition to textbooks and other costs of attendance, financial aid is essential to making college more accessible and supporting student success.

In light of delays and issues impacting the federal rollout of the 2024-25 FAFSA, Governor Gavin Newsom in March signed an urgency measure by Assemblymember Sabrina Cervantes (D-Riverside) to support students navigating the process by extending the application deadline for state financial aid programs from April 2 to May 2.

Students bound for four-year institutions should complete the FAFSA or CADAA by the May 2 priority deadline to be eligible for various state financial aid programs, including the Cal Grant and Middle Class Scholarship. For community college students and foster youth, the deadline is September 3, 2024.

APPLY FOR STUDENT AID HERE

The Governor issued the following letter highlighting the state’s outreach efforts to ensure students don’t leave money on the table for college, including financial aid workshops scheduled across the state through May 2 for students, high school counselors and other partners.

A copy of the Governor’s letter can be found here and the text is below:

2024-25 Race to Submit: Cash for College
California is committed to helping students – our future leaders and innovators – pursue their college dreams and reach their full career potential. Financial aid helps hundreds of thousands of students in our state to achieve their higher education goals, and it’s critical that everyone who could benefit has the opportunity to enroll. The first step in accessing financial aid is timely submission of the Free Application for Federal Student Aid (FAFSA), which unlocks federal, state and institutional aid.

This year, California passed an urgency measure to extend the application deadline for state financial aid programs from April 2 to May 2, meaning students have an additional month to submit their FAFSA by the state’s priority deadline. This action was taken to help students who have been impacted by challenges in the federal rollout of changes to the FAFSA.

The California Department of Education and the California Student Aid Commission are teaming up with local partners throughout the state to offer financial aid workshops for students, counselors and others in the community, among other resources to support outreach and training.

We’ll keep working with partners throughout the state to get the word out and help students and their families unlock these crucial opportunities to get them on the path to college success.

Click here to learn more about changes to the FAFSA and CADAA this year.
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Judge & AG Bonta: Ballot measure attacks rights of trans youth

“California should be a safe and welcoming place for everyone, which is why we have longstanding laws to protect the rights of LGBTQ+ youth”

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California Attorney General Rob Bonta speaking in 2023. (Los Angeles Blade file photo/Office of the Attorney General)

By John Ferrannini, Assistant Editor | SACRAMENTO – A judge has sided with the state of California in the matter of a conservative group that sued over the title and summary Attorney General Rob Bonta assigned to its ballot measure that would strip rights from transgender minors.

As the Bay Area Reporter previously reported, Protect Kids California is gathering signatures for a ballot measure that would ban trans minors from receiving gender-affirming care; ban trans girls from female competitive sports, locker rooms and bathrooms; and require public schools to disclose students’ gender identities to parents if they say they are different than their sex at birth.

Protect Kids California has until May 28 to collect some 550,000 valid signatures in order to place the measure before state voters on the November 5 ballot. Most LGBTQ leaders doubt it will be successful in reaching that threshold.

In preparing a ballot title and summary for the measure, Bonta titled it “Restricts Rights of Transgender Youth.” It prompted the Liberty Justice Center to file a lawsuit February 13 in Sacramento County Superior Court on behalf of Protect Kids California that alleged Bonta’s personal beliefs led to a biased title and summary. Therefore, the center contended the ballot measure proponents should be given 180 additional days for signature gathering without discounting signatures already collected.

“Respondent [Bonta] has demonstrated that he personally, and in his official capacity, is opposed to any kind of notification by a public school to a parent or guardian that his or her child is exhibiting signs of gender dysphoria when the child asks the school to publicly treat him or her as the opposite sex with a new name or pronouns, and to allow the child to use the sex-segregated facilities of the opposite sex,” claimed the groups in their lawsuit.

But a Sacramento Superior Court judge sided with Bonta in a ruling that was first issued tentatively April 19 and was made final April 22. Judge Stephen Acquisto ruled that Bonta’s title and summary are accurate.

“Under current law, minor students have express statutory rights with respect to their gender identity,” Acquisto stated. “A substantial portion of the proposed measure is dedicated to eliminating or restricting these statutory rights. … The proposed measure would eliminate express statutory rights and place a condition of parental consent on accommodations that are currently available without such condition.

“The proposed measure objectively ‘restricts rights’ of transgender youth by preventing the exercise of their existing rights. ‘Restricts rights of transgender youth’ is an accurate and impartial description of the proposed measure,” Acquisto added.

The attorney general’s office has some leeway when it comes to determining ballot titles, the judge noted.

Bonta is “afforded ‘considerable latitude’ in preparing a title and summary,” Acquisto ruled.

He found, “The court’s task is not to decide what language best captures the essence of the proposed measure, but to decide whether the language chosen by the Attorney General is ‘untrue, misleading, or argumentative.’ The Court finds that the Attorney General’s use of the term ‘restricts rights’ does not render the title and summary untrue, misleading, or argumentative.”

A spokesperson for Bonta stated April 23, “We are pleased with the court’s decision to uphold the Attorney General’s fair and accurate title and summary for this measure.”

In an April 19 statement posted to its Facebook page, the Liberty Justice Center said it was “evaluating next steps” in light of the judge’s decision.

“While we are disappointed that the court precluded evidence establishing AG Bonta’s bias, we appreciate that the matter has been taken under submission by the judge,” stated center officials.

In a statement provided to the B.A.R. on April 24, after news that the decision had been made permanent, Protect Kids California attorney Nicole Pearson stated, “The mental gymnastics used to justify this prejudicial title and summary are not only an egregious abuse of discretion that entitles our clients to an appeal, but a chilling interpretation of law that jeopardizes the very foundation of our constitutional republic. We are reviewing our options for an appeal of these clear errors and will announce a decision shortly.”

Tony Hoang, a gay man who is the executive director of statewide LGBTQ advocacy organization Equality California, stated to the B.A.R. that “we are pleased with the judge’s ruling.”

“California should be a safe and welcoming place for everyone, which is why we have longstanding laws in effect that protect and preserve the rights of LGBTQ+ youth and their families,” Hoang stated. “This proposed initiative seeks to undo these critical protections and make our schools and communities less safe for all youth.”

Politico’s California Playbook newsletter reported last month that the Protect Kids California measure is struggling. “The campaign has so far collected less than a fifth of what it would need to qualify for the ballot,” Politico reported. “It does not appear on track to meet a May 28 deadline.”

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The preceding article was previously published by the Bay Area Reporter and is republished with permission.

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New California law requires bars & nightclubs to offer ‘roofie’ tests

Bars & nightclubs who do not comply with the new law could face administrative actions impacting their licenses

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Screenshot/YouTube ABC7 Bay Area

SACRAMENTO – A new law mandating certain alcoholic beverage license holders to offer drug testing devices for sale or at no cost to patrons will take effect across California beginning July 1.

AB 1013 requires establishments with a license from the California Department of Alcoholic Beverage Control (ABC) to have signage displayed in a prominent and conspicuous location, letting patrons know that drug testing kits are available to test for common date-rape drugs, often referred to as ‘roofies.’

The required signage displays a message reading, “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.” A sample sign is available on ABC’s website and can be downloaded and printed by licensees.

The new law impacts approximately 2,400 licensees across California. Type 48 licenses are issued to bars and night clubs. The license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Minors are not allowed on the premises, and food service is not required.

Licensees will be responsible for procuring testing kits. ABC does not sell or provide kits, and does not recommend or endorse any specific company that does.

Additionally, Type 48 licensed premises must either offer the drug testing devices for sale to customers at a price not to exceed a reasonable amount based on the wholesale cost, or be given to customers free of charge.

Drug testing devices could include test strips, stickers, straws or other devices that can detect the presence of controlled substances in drinks. These substances could include flunitrazepam, ketamine, and gamma hydroxybutyric acid.

License holders who do not comply with the new law could face administrative actions impacting their licenses. For more information please visit ABC’s industry advisory Type 48 Licenses New Signage and Product Requirements page.

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California

Philanthropist Mackenzie Scott donates to Calif. LGBTQ non-profits

About $137 million went to organizations that serve Californians including LGBTQ+ groups like the LGBTQ Center Long Beach

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Philanthropist Mackenzie Scott (Screenshot/YouTube NBC News)

LOS ANGELES – Billionaire philanthropist Mackenzie Scott announced last week she would donate about $640 million to 341 charities nationwide. The 53-year-old with an estimated personal wealth of $36.3 billion has given away $16.5 billion from the fortune she gained after her divorce from Amazon founder Jeff Bezos in 2019.

In a statement posted to her Yield Giving website on March 19, Scott said:

“From a pool of over 6,000 applicants, each of these 361 community-led non-profits was elevated by peer organizations and a round-2 evaluation panel for their outstanding work advancing the voices and opportunities of individuals and families of meager or modest means, and groups who have met with discrimination and other systemic obstacles. Grateful to Lever for Change and everyone on the evaluation and implementation teams for their roles in creating this pathway to support for people working to improve access to foundational resources in their communities. They are vital agents of change.”

In California, her gift giving organization on its website listed that about $137 million went to non-profits that serve the Golden State’s residents including several LGBTQ+ organizations.

The Associated Press reported the philanthropist typically donates to organizations after privately researching them, but this time, she partnered with the philanthropic group Lever for Change to analyze over 6,000 applicants after announcing an open call.

What started as a plan to donate $1 million each to 250 charities nationwide ended up doubling, with about 279 organizations receiving a $2 million donation and the rest receiving $1 million.

Among those receiving funding were: LGBTQ Center Long Beach which received $2 million, Equal Rights Advocates $2 million, Sacramento LGBT Community Center $1 million, Openhouse $2 million, Pacific Center for Human Growth $2 million, and The Wall Las Memorias $1 million.

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Legislation to protect consumers against medical debt unveiled

Medical debt continues to increase and is a barrier to employment, housing, and the promotion of health care access and equity

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Photo Credit: U.S. Census Bureau

SACRAMENTO – California Attorney General Rob Bonta, Senator Monique Limón (D- Santa Barbara), and a coalition of prominent consumer advocacy organizations today unveiled Senate Bill 1061 (SB 1061), legislation seeking to protect consumers from having their credit ruined by prohibiting medical debt from being reported on credit reports.

Credit reports are meant to gauge an individual’s ability to repay future debt. Medical debt is often unforeseen and not a reliable indicator of financial risk, yet it can unfairly prevent consumers from getting loans, renting an apartment, or getting a job.

“California families should not need to suffer from the harmful and unnecessary impacts resulting from having their credit damaged by medical debt. We have a straightforward solution and need to implement it here in California, just as we have seen some of our sister states do successfully,” said Attorney General Bonta. “There is no need for medical debt to appear on credit reports and we can stop the harmful spiral where people have unforeseen, catastrophic medical debt and become unhoused, unemployed, or without a vehicle to get to work. To reduce homelessness, to reduce food insecurity, and to address many of California’s other systemic issues, we must utilize upstream interventions that get to the crux of these problems. This is exactly what SB 1061 does.”

“Today a staggering 1 in 5 Californians has reported having medical debt with a disproportionate impact on women and mothers. This debt negatively impacts Californians credit history making it harder to secure a loan, buy a house, or be approved for a credit card,” said Senator Limón. “Without a robust health care system that covers necessary and often lifesaving medical expenses in a timely, accurate and comprehensive manner, medical debt should not be included on consumer’s credit reports.”

“We’ve known for years that medical debt doesn’t predict credit defaults, nor does it accurately predict a person’s desire and willingness to pay off loans,” said Jenn Engstrom, State Director of CALPIRG. “We’re hopeful that the legislation introduced by Senator Limón and sponsored by Attorney General Bonta will help create a fair credit system that doesn’t penalize people for life events they can’t control like getting sick.”

“Frontline nurses know that patients with medical debt, especially low-income Californians, delay or avoid medical care because they worry about the impact on their credit reports,” said California Nurses Association President Cathy Kennedy, RN. “SB 1061 will help to ensure patients will get the care they need by removing medical debt from credit reports. Then we will have a fair credit system that will not penalize patients when they get the care they need and deserve.” 

“People can’t control when they will get sick or hurt, and they can’t control when billing disputes and insurance problems will cause debts for expensive medical care to end up in collections,” said Chi Chi Wu, senior attorney at the National Consumer Law Center. “This law is necessary to protect consumers from unmanageable and unpredictable medical debts and to address the disparate impact of medical debt on Black households.”

“Getting hit with medical debt isn’t like taking out a loan,” noted Ted Mermin, director of the California Low-Income Consumer Coalition. “It’s not voluntary, it doesn’t predict how creditworthy you are, and all too often the amount you’re charged is something the healthcare provider basically made up. But there’s nothing fictional about the serious negative impact medical debt can have on consumers’ credit reports.”

“The Consumer Federation of California is pleased to be a co-sponsor of SB 1061 and work with Senator Limón, Attorney General Bonta and all the other fine groups working to enhance consumer protection when it comes to medical debt,” said Robert Herrell, Executive Director of the Consumer Federation of California. “Simply put, California is falling behind in consumer protection in this area. States like New York and Colorado are leading the way. Those states have realized that medical debt shouldn’t be an anchor dragging consumers down, both personally and via their credit worthiness. California must do better for consumers and this bill is an important step in that direction. This bill will put California back at the front of the line when it comes to consumer protection against medical debt ruining their lives.”

“Health care costs are rising, forcing more and more Californians to delay or skip care in fear of getting an expensive medical bill that can lead to debt,” said Katie Van Deynze, policy and legislative advocate for Health Access California, a co-sponsor of the bill. “Black, Latino and low-income Californians disproportionately have medical debt, and counting it against credit exacerbates inequities in health, housing, employment and more. SB 1061 will give all Californians more peace of mind to seek the care they need knowing it will not negatively affect their credit and their future.”

The bill sponsored by Attorney General Rob Bonta, the National Consumer Law Center, the CA Nurses Association, Health Access CA, Consumer Federation of CA, CA Low Income Consumer Coalition, Cal-PIRG, and authored by Senator Limón states that:

  • Health care providers should not provide information regarding a patient’s medical debt to a credit reporting agency. 
  • Health care providers should include a provision in any contract entered into with a collection agency that prohibits the reporting of any information regarding a patient’s medical debt to a consumer credit reporting agency.
  • Credit reporting agencies should not accept, store, or disclose any information concerning a medical debt.

Medical debt continues to increase and is a barrier to employment, housing, and the promotion of health care access and equity. The Urban Institute reported 7.8% of California consumers with a credit report had a medical debt listed on it, increasing to 8.5% for Black Californians.

People with medical debt are more likely to say debt has caused them to be turned down for a rental or a mortgage than people with student loans or credit card debt, increasing their risk of homelessness or being forced to live in substandard housing.

Debt can also create barriers for finding employment as employers often use credit reports as a basis for hiring decisions, which in turn, makes it even more difficult to pay off medical debt. Both Colorado and New York have passed laws that prohibit medical debt from appearing on credit reports. In September 2023, the Consumer Financial Protection Bureau announced a rulemaking process to remove medical bills from consumers’ credit reports.

Text for the proposed bill can be found here

Medical Debt in LA County Baseline Report and Action Plan, June 2023

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State launches 1st-of-its-kind council to create thousands of jobs 

The California Jobs First Council is an integral part of California’s broader strategy to prepare students and workers for high-paying careers

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California Governor Gavin Newsom greets workers at the Species Conservation Habitat Project in Southern California's Salton Sea region, 2024. (Photo Credit: Office of the Governor)

SACRAMENTO – Governor Gavin Newsom today announced the creation of the California Jobs First Council and operational plan focused on streamlining the state’s economic and workforce development programs to create more jobs, faster.

The Council and operational plan will guide the state’s investments in economic and workforce development to create more family-supporting jobs and prioritize industry sectors for future growth.

Co-chaired by Dee Dee Myers, Senior Advisor to Governor Newsom and Director of the Governor’s Office of Business & Economic Development, and Stewart Knox, Secretary of Labor & Workforce Development, the California Jobs First Council will bring together various state entities, including:

  • Director of the Governor’s Office of Planning & Research: promoting alignment with General Plan guidelines and land use policies
  • Secretary of the California Natural Resources Agency: representing nature-based solutions and clean energy industries
  • Secretary of the California Department of Food and Agriculture: representing the agriculture industry
  • Secretary of the California Environmental Protection Agency: representing the circular economy
  • Secretary of the California Health & Human Services Agency: representing the healthcare industry and promoting jobs for disabled and disadvantaged workers
  • Secretary of the California Department of Veterans Affairs: representing the more than 1.6 million former service members that reside in the state
  • President of the Public Utilities Commission: representing opportunities to advance California’s clean energy workforce of the future and economic opportunities for communities

 “California has created more opportunities, more jobs, and more businesses than any other state, but we need to ensure that we’re all moving forward together. Through this new council and these investments, we’re aligning all of our economic resources to create more jobs, faster for Californians in every community,” Governor Newsom said.

“The California Jobs First Council is another piece of the puzzle in the Governor’s pursuit of creating a California For All,” said Myers. “I am looking forward to working with my colleagues to align strategic investments that further economic growth and job creation in every region of California.”

Graphic via the Office of the Governor

The Council will coordinate the development of a statewide industrial strategy that includes a statewide economic snapshot and identification of priority sectors, a statewide projects portfolio, a business expansion, attraction, and retention strategy, and a workforce development strategy.

The California Jobs First Council will also support the regional Jobs First Collaboratives to expand industry and create jobs locally.

The California Jobs First Council is an integral component of California’s broader strategy to prepare students and workers for high-paying careers. The Council will work alongside the Council for Career Education and in line with the Governor’s 2023 Executive Order that directed the creation of a Master Plan for Career Education to ensure that Californians have career pathways, develop the skills and find even more opportunities to be full beneficiaries of our state’s economy. 

The Master Plan is largely aimed at aligning and simplifying the K-12, university, and workforce systems in California to support greater access to career education and jobs for all Californians. In connection with the Master Plan for Career Education, the Jobs First Operational Plan will highlight the ways in which workforce development can and should be a tool used by the State and the regional Jobs First Collaboratives to help Californians, particularly the most disinvested communities, in meeting the specific skillset needs of the State’s and our regions’ priority industry sectors.

In 2021, Newsom launched the $600 million Regional Investment Initiative (formerly the Community Economic Resilience Fund, or CERF) to create high-quality, accessible jobs and help build resilience to the effects of climate change and other global disruptions impacting the state’s diverse regional economies.

This investment has supported the creation of Jobs First Collaboratives in each of the state’s 13 economic regions, with representation from a wide variety of community partners including labor, business, local government, education, environmental justice, community organizations and more. These Collaboratives are in the process of developing roadmaps, including a strategy and recommended series of investments, for their respective regions.

Today, Governor Newsom announced that the state has awarded $14 million to each of the 13 Jobs First Collaboratives – $182 million total – to invest in sector-specific pre-development activities, enabling regions to take projects from exploratory and last-mile to ready-to-go projects that can access local, state, and federal funds, as well as private and philanthropic investments. The 13 Jobs First Collaboratives cover every region of the state: North State, Capitol, Redwood Region, Bay Area, North San Joaquin Valley, Eastern Sierra, Central San Joaquin Valley, Orange County, Los Angeles County, Kern County, Central Coast, Inland Southern California, and the Southern Border.

“California Jobs First represents a very intentional, inclusive approach to economic and workforce development,” said Stewart Knox, Secretary of the California Labor & Workforce Development Agency. “By maximizing state resources and investments, the state is empowering communities to chart their own futures in a manner that is inclusive and equitable.”

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